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Data Protection

How do I obtain information for legal proceedings?

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Information held by the police is generally classed as ‘sensitive’ personal data under the Data Protection Act, and therefore any requests for legal proceedings (family/private or civil) would normally be expected to be submitted via a legal representative.

However, information may be considered for disclosure to a ‘litigant in person’ under Section 35(2) of the Act. 

If you are in any doubt please submit your request in writing to the Data Protection Team and we will advise you accordingly.

Email data.protection@nottinghamshire.pnn.police.uk or write to Data Protection, Nottinghamshire Police Headquarters, Sherwood Lodge, Arnold, Nottingham, NG5 8PP.

Which organisations will Nottinghamshire Police share my personal data with?

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Information held by us may be shared with other organisations where this is necessary for a policing purpose, for example information is shared

  • with Criminal Justice systems as part of the pre-charge and post-charge processes, for example, prosecuting someone through the courts
  • when working with partner agencies to reduce crime and disorder, and anti social behaviour, as required by the Crime and Disorder Act 1998
  • with the Criminal Records Bureau which provides information to organisations in order to enable them to make safer recruitment decisions by identifying potential candidates who may be unsuitable to work with children or other vulnerable members of society
  • with other professional and regulatory bodies
  • where specifically required to do so by statute or by the order of a court

We will also share information with partner agencies when the information is required to enable them to carry out their statutory responsibilities or where it is necessary to prevent harm to an individual or others.

Any disclosure of personal information is carefully considered in accordance with legislation, policy and/or information sharing agreements.

We may use your personal information to analyse our performance and effectiveness. It might be necessary for us, or third parties we deem appropriate and fully approved, to contact you and ask you to assist us in this analysis. This is in order that we gather information about the service we are providing to the public and use this to identify ways of improving that service wherever we can.

I plan to work with children and/or vulnerable adults, what checks will be made on me?

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If you are planning to work as a paid employee or as a volunteer for an organisation and your work will bring you into contact with children or vulnerable adults you will be asked to apply for a Disclosure and Barring Service (DBS) check (formerly known as the Criminal Records Bureau). 

Visit the DBS website

I have been asked to submit a Subject Access Request for employment purposes, is this right?

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We do not support this course of action by employers and do not provide disclosures for employment vetting services. 

If you require a disclosure for employment purposes, please contact Disclosure Scotland on 0870 609 6006.

The current practice for companies to require individuals to exercise their rights under Subject Access provisions at section 7 of the Data Protection Act 1998, as a form of vetting, has been considered to be unlawful for many years and is against the spirit of the legislation.

When Section 56 of the Act is implemented, it will become a criminal offence for an employer to ask individuals, as a condition of employment, to go through this process.

How do I obtain a police certificate for emigration purposes?

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A number of embassies now ask applicants to obtain police certificates to support applications for emigration. 

These certificates are obtained from the ACPO Criminal Records Office (ACRO).

ACRO offer two services - standard and a fast-track service designed to cater for those wishing to obtain a visa quickly. 

The turn around time from successful receipt of the application to despatch of the certificate is 10 and two working days respectively. 

The standard fee is £35 and the fast track fee is £70.

For more details and information about other countries, visit the ACRO website or call 0845 601 3999.

How can I ask for information to be corrected if it is inaccurate?

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If you consider that any of the information we have provided to you in response to your Subject Access Request is inaccurate, you should write to the Data Protection Officer.

You should set out the information you consider to be inaccurate and explain why.

We will need evidence to be provided in support of your request to amend information held on you. 

Therefore, if you have any evidence that shows the information to be inaccurate, you must provide copies with your letter.

The Data Protection Officer will then review the information in question and will either arrange for it to be corrected or explain the reason(s) for deciding not to.

How can employers vet their staff?

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If you employ people who will have unsupervised access to children or other vulnerable people, you should contact the Disclosure and Barring Service (formerly the Criminal Records Bureau).

I would like to know what other information (other than convictions) is held about me. How can I find out?

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You need to submit a Local Subject Access Request making it clear what you want to know. We hold a variety of information about individuals on different systems. For example, you may be recorded as a victim of crime, a witness, an offender or a firearm certificate holder. If an incident happened in another part of the country, you need to contact the relevant police force and make another subject access request to them.

Visit our Data Protection section for more details.

My insurers want me to get a copy of police reports to support a claim. How do I get hold of them?

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Most insurance companies are now signatories to an agreement with police forces that allow direct disclosure of certain information by the police (but only with the consent of the victims involved). 

The information that can be disclosed includes basic crime details, complaint and investigating officer's details, crime assessment and how the crime is being investigated (where the information will not compromise a police investigation), victim details (applicant only) and property items. 

Please note offender details will only be provided at our discretion, if it is proven that the information is needed for legal proceedings or a court order has been obtained.

Please contact your insurance company and ask them to apply by way of the ACPO / Association of British Insurers, Memorandum of Understanding.

I am applying for a job and I'm not sure whether I have to declare my convictions?

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This will depend on what sort of job you are applying for, how old your convictions are and what type of convictions you have. 

While many application forms ask people to 'declare all convictions or cautions', unless an exemption applies, you have the right to withhold information about spent convictions and cautions. 

But remember, the period of time the records are held on police computers may exceed the rehabilitation or 'spent' period. 

Even if the record has been removed from police records, it may still be held on record by the courts or your conviction may be an exception.

I need to prove that my driving licence is clean. How do I do this?

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Although we issue fixed penalty notices which can result in fines and endorsements, the records are kept by the Driver and Vehicle Licensing Authority (DVLA). 

Visit the DVLA website to find out more about the release of information about yourself.

A small fee may be charged.

I need to get proof that I don't have a criminal record. How do I get this?

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The process is just the same whether you have a criminal record or not. You need to make a Subject Access Request through ACPO Criminal Records Office (ACRO) by calling 0845 601 3999.

I've made a subject access request but haven't received a reply yet. What should I do?

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ACPO Criminal Records Office and Nottinghamshire Police have up to 40 days from the date the request is received to give an official response.

If 40 days have passed and you haven’t heard anything please e-mail data.protection@nottinghamshire.pnn.police.uk for local applications and ACPO Criminal Records Office for Convictions checks on 0845 601 3999.

I made a subject access request but have lost the result. Can I get a duplicate?

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Only if less than 40 days have passed since the original reply was sent. 

Records can change over time (added to or deleted) so a duplicate may not be useful. 

Another fee will have to be paid.

I have been asked to get a 'Memorandum of Conviction' by an embassy. How do I get one?

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A 'Memorandum of Conviction' is a court record. 

If you know the date you attended court, you can request this directly from the court. 

If you don't know the date you can make a Subject Access Request through the Data Protection Team. 

If you live outside the UK, make the request to the police force in the area where you were last resident.

Can I make a subject access request to get information on someone else's criminal record?

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No. If you make a subject access request it can only be about yourself.

How can I tell if a conviction is 'spent'?

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Convictions normally have a life span after which they do not need to be disclosed to employers. 

The life span is directly linked to the punishment imposed by the court and therefore varies depending on the sentence. 

For more information and advice, visit the National Association for the Care and Resettlement of Offenders (NACRO) website or call them on 020 7582 6500.

What is Disclosure Scotland?

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Disclosure Scotland is available to anyone within the UK. 

Disclosure Scotland is a collection of government-approved agencies that provide suitable reports for employers showing any relevant convictions. 

The reports exclude any convictions classified as 'spent' as they should not be relevant to an employment agreement.

Find out more on the Disclosure Scotland website.

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